Future
Information Technology Hosting Terms & Conditions
The Future Information Technology Terms and Conditions have been updated as at 3th July 2003.
We would encourage all customers to read the updated version of the terms and conditions, paying close attention to the following sections which have been altered:
2.0 Payment
2.2.1 Payment Conditions for Retail Customers
2.3 Collection of Bad Debts
2.4 Payment Method and Fees Incurred
7.0 Termination
9.0 Heavy Usage
10.0 Managed Hosting Services
Future Information Technology agrees to provide, and Client agrees to receive, access to the Web Hosting and related Services according to the following Terms and Conditions:
1.0. General
1.1 The Client is the person or entity who is applying to receive, or who is
receiving, Web Hosting Services from Future Information Technology
1.2 The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. Future Information Technology gives no warranty, express or implied, for the Web Hosting Services provided. This 'no warranty' clause expressly includes any reimbursement for losses of income due to disruption of services by Future Information Technology or its providers beyond the fees paid by the client to Future Information Technology for services.
1.3 Client will use the Web Hosting Services in a manner consistent with any and all applicable laws of the State of Victoria and the Australian Federal Government.
1.4 Use of any information obtained by way of Future Information Technology is at the Client's own risk, and Future Information Technology holds no liability for such use.
1.5 Future Information Technology is not responsible for any damages arising from the Client's use of Future Information Technology or by the Client's inability to use the Web Hosting services for any reason.
1.6 While Future Information Technology shall make every reasonable effort to protect data stored on Client's Server(s), Future Information Technology is not responsible for Client's data, files, or directories residing on Future Information Technology's equipment. The client is solely responsible for maintaining data, file, and directory structure backups.
1.7 The customer is required to provide Future Information Technology with correct and up to date contact details for billing and technical notification purposes. Future Information Technology takes no responsibility for disruption to services due to inability to contact the customer.
1.8 Future Information Technology reserves the right, in its sole discretion, to deactivate the client's Web Hosting account(s) upon an indication of credit problems including, but not limited to, delinquent payments.
2.0 Payment
2.1 The client agrees to a once off set up fee and an ongoing quarterly, half
yearly or annual Payment as agreed for Web Hosting Services. In addition setup
fees may be charged for additional services as per prices indicated by Future
Information Technology on request. 1 GB of data transfer is included per month
with all virtual web hosting accounts. Excess bandwidth will be charged at 13.2
cents per megabyte.
2.2 For payment of existing services, Future Information Technology advises clients that the following procedure is followed in the distribution of invoices and collection of monies owed.
2.2.1 Payment Conditions for Retail Customers
Future Information Technology will generate and send an invoice 14 days prior to the due date for the hosting service supplied.
The customer can choose to make a payment by cheque, money order or direct deposit. Please read section 2.3 Payment Methods and Fees Incurred.
If payment is not received for services within two weeks of the invoice due date, Future Information Technology reserves the right, in its sole discretion, to deactivate the client's Web Hosting account(s).
Reactivation of an account due to non-payment of invoice will incur a reactivation fee of $35.00 including GST. Account services will not be reactivated until this payment is received.
2.3 Collection of Bad Debts
Where a customer of Future Information Technology fails to pay their outstanding invoices within a specified time frame, Future Information Technology reserves the right to forward your account and personal details to a third party debt collector for the purpose of chasing outstanding monies owed on the account.
2.4 Payment Method and Fees Incurred
2.4.1 Payment can be made by cheque, money order or direct deposit.
2.4.2 Credit Card payments will not be accepted.
3.0 Change
3.1 Future Information Technology reserves the right to modify these Terms and Conditions in any way and as required. Notice of such changes will be delivered to users via postings on Future Information Technology's Web Site. Continued usage of Web Hosting Services indicates the client's acceptance of the Terms and Conditions in their amended form.
4.0 Trademarks and Copyrights
4.1 The client warrants that it has the right to use the applicable trademarks
of Client, and grants to Future Information Technology the rights to use such
trademarks, if any, in connection with Future Information Technology's promotion
of, referencing of, cataloging of, or indexing of it's Web Hosting clients.
4.2 The client hereby agrees that any material submitted for publication on Future Information Technology through Web Hosting Services received by the Client will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful.
5.0 Hardware, Equipment, and Software
5.1 The client is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access the Web Hosting
Services. Future Information Technology makes no representations, warranties,
or assurances that the client's equipment will be compatible with Future Information
Technology's services.
6.0 Internet Etiquette
6.1 Users of Internet and electronic forums should be considerate of the expectation
and sensitivities of others on the network when posting material for electronic
distribution. The network resources may not be used to impersonate another person
or misrepresent authorisation to act on behalf of others or Future Information
Technology. All messages transmitted via Future Information Technology's service
should correctly identify the sender furthermore; users may not alter the attribution
of origin in electronic mail messages or postings. Users must not attempt to
undermine the security or integrity of computing systems or networks and must
not attempt to gain unauthorised access to said systems, networks or services.
6.2 Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Future Information Technology is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network Future Information Technology or its customers may utilise.
6.3 Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. Future Information Technology reserves the right to deactivate the Client's Web Hosting account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless Future Information Technology from any claim resulting form the client's or another party's use of electronic mail service(s) on the client's Web Hosting account(s).
6.4 Obscene Speech or Materials -- Using Future Information Technology's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is strictly prohibited.
6.5 Defamatory or Abusive Language -- Using the Future Information Technology network as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited.
6.6 Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software is strictly prohibited.
6.7 Other Activities -- Engaging in activities, whether lawful or unlawful, that Future Information Technology determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations is strictly prohibited, such as the promotion of products or services deemed by Future Information Technology unethical.
Future Information Technology reserves the right, in its sole discretion, to suspend the client's services provided by Future Information Technology - including but not limited to web hosting services, email accounts or others - without notice upon proof of breach of the clauses outlined in Section 6.0 of this agreement.
7.0 Termination
7.1 The client may cancel the Web Hosting Services provided by Future Information
Technology upon the conditions that requests for cancellation must be made in
writing with 7 days prior notice and sent to Future Information Technology via
postal mail to PO Box160 Caringbah NSW, 1495 or, via electronic mail to sales@futureit.net.au.
Cancellation will not take effect until such notice is received. No refund is
paid for services cancelled falling outside thirty days from date of service
creation, please refer to 8.0 Satisfaction Guarantee. Setup fees and externally
supplied services are not refundable. Externally Supplied services include,
but are not limited to, Domain Name registration and renewal services and SSL
Certificates.
7.2 Refunds will only be granted if cancellation occurs within the first 30 days of service provision. If cancellation occurs after the first 30 days of service provision, no refunds will be granted. Refunds are not paid on setup fees or externally supplied services, including but not limited to domain names services.
7.3 Future Information Technology reserves the right to suspend Web Hosting Services and any other services provided without notice for any unpaid or partially paid balances. The Client is responsible for any fees incurred during the collection of any unpaid amounts.
7.4 Spamming (the practice of sending unsolicited, unwelcome mass mailings to people) is strictly prohibited. Any client found to be Spamming will have their Web Hosting and any other services immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of the act of spamming.
8.0 Satisfaction Guarantee
The client may terminate any services solicited by them from Future Information
Technology within the first thirty (30) days from activation of the hosting
account and receive a full refund. Any termination after 30 days from the Service
activation date will not receive a refund. Setup fees and all externally supplied
services including but not limited to Domain name services are non-refundable.
9.0 Heavy Usage
The Client understands the Service is provided on a shared server and acknowledges
that its web-site and email services cannot overwhelm the server with heavy
usage from highly active scripts such as CGI or chat scripts or excessive email
usage and in the event that usage of Client's web-site and/or email services
overwhelms the server leading to complaints from other clients, it will be deemed
by Future Information Technology to have outgrown the realm of shared servers
and will need to relocate its web-site and email services whereupon Future Information
Technology will immediately terminate this Agreement.
10.0 Managed Hosting Services
Service Level Agreements and Terms and Conditions for Managed Services purchased
from Future Information Technology will be agreed upon between Future Information
Technology and The Client on a case-by-case basis.
11.0 Agreement
The client agrees that the above-mentioned terms and conditions constitute the
full and complete understanding between Future Information Technology and the
client of the obligations and responsibilities of both parties to the other.
END TERMS AND CONDITIONS