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You indicate acceptance of these terms and conditions of service by placing an order/registering with The Volobuev Family Trust. These terms and conditions will not be varied for individual customers.
DEFINITIONS
In this Agreement the following words and expressions shall have the following meanings:
"downtime" means any service interruption in the availability to visitors of the Website;
"intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
"The Volobuev Family Trust" means The Volobuev Family Trust
"IndefiniteSpace" and/or "indefinitespace.com" and/or "www.indefinitespace.com" and/or "www.indefinitespace.com.au" and/or "indefinitespace.com.au" are the trading/brand names of The Volobuev Family Trust. Under these brand names The Volobuev Family Trust is marketing: a) web hosting accounts; and b) domain names.
"IP address" stands for internet protocol address which is the numeric address for the server;
"ISP" stands for internet service provider;
"server" means the computer server equipment operated by The Volobuev Family Trust in connection with the provision of the Services;
"the Services" means web hosting, domain name registration, email and any other services or facilities provided by The Volobuev Family Trust.
"spam" means sending unsolicited and/or bulk emails;
"virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
"visitor" means a third party who has accessed the Website;
Product specifications / services and details may be found at www.indefinitespace.com.
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
INTRODUCTION
The Customer wishes to provide The Volobuev Family Trust with data that will be hosted on The Volobuev Family Trust's servers and made accessible via the Internet.
The Volobuev Family Trust provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
DUTIES
The Volobuev Family Trust shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
The Customer shall deliver to The Volobuev Family Trust the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or The Volobuev Family Trust ("the Customer Software"), in a format specified by The Volobuev Family Trust.
CHARGES, PAYMENT AND MONEY-BACK GUARANTEE
Payment methods include PayPal, credit card via PayPal, direct bank deposit, overseas telegraphic transfer, cash or cheque. Â The Volobuev Family Trust does not accept direct debits, postal orders or any other form of payment other than those outlined above.
The Charges are inclusive of GST.
The Volobuev Family Trust shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum.
The Volobuev Family Trust does not provide credit facilities.
From time to time The Volobuev Family Trust may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
The Volobuev Family Trust provides "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please [contact] at www.indefinitespace.com within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.
Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
Should your chosen payment method fail The Volobuev Family Trust will attempt to settle your invoice using any other payment facilities available on your account.
All services must be renewed by the customer. The Volobuev Family Trust emails the customers 30-days and 7-days reminders. If your account is not renewed on time it will be immediately suspended. All trial suspended accounts will be permanently removed from the servers immediately (this includes removal of all FTP, MySQL, Email and other data). All existing suspended accounts will be permanently removed from the servers after 40 days (this also includes removal of all FTP, MySQL, Email and other data).
IP ADDRESSES
The Volobuev Family Trust shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
Where The Volobuev Family Trust changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
SOFTWARE LICENCE AND RIGHTS
If the Customer requires use of software owned by or licensed to The Volobuev Family Trust ("The Volobuev Family Trust's software") in order to use the Services, The Volobuev Family Trust grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use The Volobuev Family Trust Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in The Volobuev Family Trust Software.
In relation to The Volobuev Family Trust's obligations under this Agreement in connection with the provision of the Services, the Customer grants to The Volobuev Family Trust a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to The Volobuev Family Trust any right, title, interest or intellectual property rights in the Customer Software or the Content.
The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense The Volobuev Family Trust Software.
The Volobuev Family Trust may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, The Volobuev Family Trust shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
SERVICE LEVELS AND DATA BACKUP
The Volobuev Family Trust shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, The Volobuev Family Trust makes no warranties or representations that the Service will be uninterrupted or error-free and The Volobuev Family Trust shall not, in any event, be liable for interruptions of Service or downtime of the server.
The Volobuev Family Trust carries out data backups for use by The Volobuev Family Trust in the event of systems failure. The Volobuev Family Trust do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly The Volobuev Family Trust accepts no responsibility for data loss or corruption. Customers must be able to restore all their data from their own back up.
ACCEPTABLE USE POLICY
The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
The Customer has full responsibility for the content of the Website. For the avoidance of doubt, The Volobuev Family Trust is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
If the Customer fails to comply with the Acceptable Use Policy outlined above The Volobuev Family Trust shall be entitled to withdraw the Services and terminate the Customer's account without notice.
ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform The Volobuev Family Trust and the password will be changed.
WARRANTIES
The Customer warrants and represents to The Volobuev Family Trust that The Volobuev Family Trust's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to The Volobuev Family Trust as outlined above.
All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, The Volobuev Family Trust shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
INDEMNITY
The Customer agrees to indemnify and hold The Volobuev Family Trust and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against The Volobuev Family Trust arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
LIMITATION OF LIABILITY
Nothing in these terms and conditions shall exclude or limit The Volobuev Family Trust's liability for death or personal injury resulting from The Volobuev Family Trust's negligence or that of its employees, agents or sub-contractors.
The entire liability of The Volobuev Family Trust to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In no event shall The Volobuev Family Trust be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or The Volobuev Family Trust had been made aware of the possibility of the Customer incurring such a loss.
TERM AND TERMINATION
This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
The Volobuev Family Trust shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
On termination all data held in the customers account will be deleted.
ASSIGNMENT
The Volobuev Family Trust may assign or otherwise transfer this Agreement at any time.
The Customer may not assign or otherwise transfer this Agreement or any part of it without The Volobuev Family Trust's prior written consent.
FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law and the parties hereby submit to the exclusive jurisdiction of the courts.
DOMAIN NAME REGISTRATION
Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it The Volobuev Family Trust will provide a full refund for that domain name.
You must provide a valid Australian Business Number (ABN) with "ABN status: Active" before you proceed with the registration of the domain name in the *.au zone. Your ABN will be verified on http://www.abr.business.gov.au website prior to registration of the domain name in the .au zone.
When registering a domain name you must supply contact details of the Owner of the domain name. Change of ownership for the single domain name will attract a fee of $189.90/domain and it will take up to several weeks for the processing.
*.com.au and *.net.au domains registered in Australia by our partner Domain Central. *.com and *.net domains registered in Australia through Domain Central by Australian Style Pty Ltd. *.org domains registered in Australia through Domain Central by Bottle Domains, Inc.
Please review terms and conditions area on the web site of our partner domaincentral.com.au for individual domain name registrars.
MULTI DOMAIN WEB HOSTING
Under a signle Web Hosting Account of $33.00/year you can host as many domain names as you like. Each domain name will have its own Control Panel. However, the Owner of all domain names registered under the single web hosting account must be one person (or one Company), e.g. you. You can not host domains belonging to different Owners under the single web hosting account.
WEB SERVER LOCATION
All our Web, FTP and Mail servers are located in the United Kingdom.
MYSQL DATABASES
For the Linux Platform there is unlimited number of MySQL Databases which you can create via your Control Panel for each domain, however maximum allowed size of each database is 500 MB. Windows Platform supports only 2 MySQL Databases per domain and limited to 200 MB per database. A databases of such large size can affect server performance. If you ever will reach maximum allowed size, we will send you an email warning and you will have only five (5) days to clean your database or your database will be disabled. Such large size of the database can be achieved in a matter of days or weeks if your forum or guestbook do not have graphical or text authentication for the entry posting. Spam robots can take advantage of inappropriately configured guestbook or forum and automatically fill your database with unsolicited bulk messages. Customers are expected to employ good house keeping when maintaining their account.
SSH ACCESS
To enhance system security SSH access on hosting accounts is not enabled by default. To enable SSH access we need to receive a signed SSH contract. You can fill this in yourself for your own hosting accounts or, for your customer's hosting accounts, you should ask them to complete the form. If your customer is completing the form they can return it to you and then you can pass it on to us. We will not contact your customer.
SSH will only be enabled on accounts where we have received a valid form.
For full details please download the SSH access request form: http://www.indefinitespace.com/ssh-access-request.pdf
The completed form and documents can be scanned and emailed to admin@indefinitespace.com or faxed to us on +61 7 3337 9857
HTTPS & SECURE SOCKETS LAYER (SSL)
Secure Sockets Layer. Protocol developed by Netscape to provide encryption for commercial transactions data that should be protected while traveling over the Internet, like credit card numbers. https uses the SSL protocol.
It is important to understand that SSL is slower than the normal HTTP protocol, since SSL requires that the data be encrypted on the server before being transmitted to the client. Therefore, you should use SSL only when collecting sensitive data, or sending sensitive data to the visitor.
We provide shared SSL certificates free of charge! All our shared SSL certificates provided by our partner network based in the United Kingdom and are of Version 3.0 signed by Equifax Global, using AES 256 bit encryption. This secure space feature we provide allows you to accept data securely via your website.
With indefinitespace.com you do not need to upload your secure files to a separate server. We have mapped the URL:
https://'your-server-name'.secure-secure.co.uk/yourdomain.com.au/
to
http://www.yourdomain.com.au/
This means that any files that are hosted on your main website can also be loaded securely, simply link to this URL when you need to securely load a page.
For example if your domain is www.yourdomain.com.au and you are hosted on the server 'web175' then to load it securely you would go to
You can also order your own secure certificate, i.e. https://www.yourdomain.com.au starting from AUD$195 per year per sub-domain including GST. For example, https://www.yourdomain.com.au will cost AUD$195/year and https://shopping.yourdomain.com.au will cost additional AUD$195/year, etc... Please [contact] customer support via link above to request a personal secure certificate. However, before you [contact] customer support you must have an administrator email address for your domain name, i.e. admin@yourdomain.com.au. Make sure you have set up this mailbox and you can send and receive from here. Certificate issuer will contact you directly and you must reply to their email following their instructions. You cannot ever specify another email address for this to be sent to, it is always sent to the admin mailbox address. The following SSL Plans are available:
Simple SSL: Low cost security ideal for any small business website.
Price: AUD$195 per year including GST
Standard SSL: Perfect for business start ups & small sites looking for personalised security & to give visitors extra reassurance.
Price: AUD$585 per year including GST
Extended Verification SSL: Maximum security with the green address bar.
Price: AUD$970 per year including GST
Renewal of any SSL Plan must be done after 11 months. If you renew your SSL exactly after 12 months it may cause interruptions to your SSL services.
DEDICATED SERVERS
Dedicated servers (Dual Core or Quad Core; Linux or Windows; with or without cPanel; with or without Server Backup; unlimited Traffic/Bandwidth) are available starting from AUD$2720 per year including GST and up to AUD$9180 per year including GST depending on configuration. Please [contact] customer support via link above to request more information on different dedicated server packages!
Renewal of any Dedicated Server Package must be done after 11 months. If you renew your Dedicated Server exactly after 12 months it may cause interruptions to your services.
SCRIPTING
The Volobuev Family Trust is not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
DATA TRANSFER
Web hosting accounts include a certain amount of data transfer (except unlimited plan), if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
If your are on unlimited plan, we are only interested in 'fair server usage' and what would trip server sensors is using over 1.5 GB of data transfer in under an hour - when that happens the server checks what kind of resource usage the account has been doing and disables accordingly if its been consuming over 90% of the servers bandwidth and also lots of CPU/memory resources. So, as a rule of thumb, keep your traffic below 1.5 GB per hour.
We would really advise against running a popular video or popular audio web site which is expected to generate a lot of traffic via our shared web hosting service. Our web hosting services allow you 'unlimited' server space for normal routine "non-file-distribution" web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of twenty-five (25) gigabytes (26,843,545,600 bytes) per calendar month. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.
Our maximum network throughput/bandwidth is 3 Gbit total and there is no limitation of individual usage, however traffic shaping and processing ability would limit a single server's ability to reach this level. Also, transfer speed will depend on speed of your network, on speed of your ISP, on speed of routers between you and us, and current traffic/network usage by the other Internet users.
Maximum size of one file which can be uploaded to your web hosting account is 150 Mb.
SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
EMAIL NEWSLETTER
The Volobuev Family Trust communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.
WEBSPACE USAGE
Unlimited web space is available for genuine web site content; content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
There is unlimited number of mail boxes you can create via Control Panel. Each mail box have up to 1GB or storage within the webmail system and all the folders created within webmail. The inbox for POP3 have 400MB available. Mailboxes have a fixed size of 400MB and cannot be increased. You will be notified by email when your mailbox quota will reach 70% of its capacity. When 100% of mailbox capacity is reached the mailbox will start rejecting mail.
Below are the usage details for the various methods of using our systems to send email:
Webmail: You are limited to 50 emails per day.
PC Software (such as Outlook): There is no limit apart from a maximum of 100 recipients per message.
Distribution List: This can be used as many times as you like. Although it is limited to 2500 users per list.
Web Servers: Scripts running on the web servers are limited to 1000 emails per 12 hours.
We should like to take this opportunity to remind you that we have a zero tolerance policy on users sending unsolicited email, in the event that the systems deliberately used for this purpose, then we will be forced to suspend the user's account. |