Introduction
Seber Pty Ltd (referred hereinafter as 'Seber', 'our', 'we' and 'us') is a provider of web hosting services. All accounts and data on our web servers are subject to the following terms and conditions described in this document. Under terms of this agreement, your placement of data on our servers is an acknowledgement that you have read, understood and agreed to be bound by these terms and conditions.
Contents
1.0 Your responsibilitesYou may only use our services for lawful purposes. Any use of our services which voilates any laws (even if they apply to Seber) under any jurisdiction is strictly prohibited. You may not:
Seber has the final decision on what actions or data constitute any violation of the above responsibilities.
Your web hosting account may not exceed or violate any of the following conditions:
Seber has a zero tolerance stance against the sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated immediately without any form of refund.
You agree to indemnify, defend, and hold harmless Seber 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, Seber, 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.
You understand that by placing information on Seber servers that such information becomes available to all Internet users and that Seber 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 Seber 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 Seber or on the Internet generally.
Your use of the Seber Web Hosting service is at your sole risk. Seber 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 all appropriate backup of files and data stored on Seber 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 unauthorised access. You agree to adhere to system policies as published by Seber, including restrictions on services available with each service type, restrictions on certain features, and all other policies.
1.7 Unacceptable applications and scripts
Any web page, application or script that causes the Seber servers to consume too many resources are strictly banned. This includes third party applications, bad programming, proxy applications, IRC and other resource intensive objects. If an unacceptable object is found on the server it will be deleted immediately and your service may be terminated.
1.8 Account holder identification
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 Seber 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 via our online support system. You also agree that you are an authorised 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.
If you are a reseller of the Seber service, you are responsible for your client's account(s). If one of your clients is in violation of the terms and conditions, we reserve the right to suspend or terminate the account at our sole discretion, depending on the severity of the violation and will inform you at the email address stored under your client profile on our online support system. If your reseller account is in violation of the terms and conditions, the same rules apply.
Seber will at all times strive to provide you with a professional and reliable web hosting service. However unforeseen circumstances or situations beyond our control may impact upon your hosting service. Support for your service is provided via our online support system and help ticketing service. Any disruptions, errors, faults or issues with your service need to be submitted via the help ticketing system or by leaving a voicemail on our support system messaging service (see Contact Us web Page).
Seber 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 Seber or its agents or employees shall create a warranty. Seber 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 Seber 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 the Seber service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
Seber reserves the right to demand changes to or disable as necessary any web site, account, database, or other component that does not comply with these terms and conditions policy, at its sole discretion. Seber also reserves the right to make any required modifications in an emergency at our sole discretion.
3.1 Discontinuation of service
Seber reserves the right to refuse or discontinue service to anyone at Seber's sole discretion. Seber may deny you access to all or part of the service without notice if you engage in any conduct or activities that Seber in its sole discretion believes violates any of the terms and conditions in this agreement. Seber 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 Seber 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. Seber 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. Seber also reserves the right to refuse refunds in cases where Seber believes abuse has taken place. Seber may also charge you for any time taken in correcting or removing any data that causes a violation to these terms and conditions.
Seber reserves the right to monitor any and all communications through or with our facilities. You agree that Seber is not considered a "secure communications medium" for the purposes of the ECPA (Electronic Communications Privacy Act), and that no expectation of privacy is afforded.
Seber utilisies an automatic billing system. Invoices are generated automatically and are emailed to your primary invoice address under your online support system account. It is your responsibility to ensure that this information is kept correct at all times. Once an invoice has been generated it will not be refunded.
4.1 Payments, fees, refunds and trading terms
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Invoices are generated on the 1st of each month due. Payment of invoices must be made within 7 days of the invoice date otherwise your service may be suspended until all invoices are paid in full. Automatic billing will continue until you cancel your hosting account. You must cancel your account before the next billing cycle otherwise you are liable for the next payment cycle. We do not offer refunds for services already invoiced or provided.
All prices displayed on the web site and invoiced include a 10% GST quotient for Australian residents. We do not provide services to non Australian residents. All pricing is applicable to all clients and no volume discounts or special offers are provided unless publically advertised on our web site. Seber reserves the right to change prices at any time.
You must provide cancellation notice prior to your cycle date. As a policy, we do not offer credits or refunds for hosting time already paid for. To cancel your account, you must submit a help ticket via our online support system. No other mechanism including phone or email will be accepted for cancelling your account. Notification of cancellation must be received before your cycle date, with the cycle date being the 1st day of the month, in order to avoid charges in full for the next cycle. It is your responsibility to secure email confirmation from Seber that your account has been cancelled. If you have not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.
If you have a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve you of any outstanding financial obligations. Seber will at its discretion appoint a third party collection agency to recover any overdue amounts and will add the cost of the recovery to your outstanding balance.
This agreement supersedes any written, electronic, or oral communication you may have had with Seber or any agent or representative thereof, and constitutes the complete and total agreement between the parties. In the event that 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.
Seber reserves the right to change this Usage Policy at any time without prior notification.
By placing and continuing to maintain or place information on Seber 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.