Terms of Service

 

Hosting

The use of services from Burgess Trust trading as Webwings Internet Marketing [hereafter referred to as “Webwings”] constitutes agreement to these terms.

1.) Account Setup / Email on file
We will setup your account after we have received payment or an order in writing. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Webwings, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Webwings is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact us via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 14 days from your sign up date. Transfers outside of the 14 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Content

All services provided by Webwings may only be used for lawful purposes. The laws of the State of Queensland apply.

The customer agrees to indemnify and hold harmless Webwings from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events

Webwings services, including all related equipment, networks and network devices are provided only for authorized customer use. Webwings systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Webwings system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Webwings may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Your services will be terminated with or without notice and violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Webwings reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Webwings reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Webwings.

Domain Renewal

It is the customer’s responsibility to notify us via email at [email protected] after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Webwings cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact [email protected]

Webwings reserves the right to change the monthly payment amount and any other charges at anytime.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is ran on Sunday or Monday of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Webwings is not responsible for files and/or 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 Webwings servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Webwings.

Cancellations and Refunds

Webwings reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via email.  Please allow 10 business days for cancellation to take effect.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

  • Bank Wire Transfers
  • Direct Bank Deposits
  • Money orders

There are no refunds on hosting services.

Violations of the Terms of Service will waive the refund policy.

Resource Usage

User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Users are strongly recommended to:
9) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
10) To help reduce usage, do not force html to handle server-side code (like php and shtml).
11) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

Pay per Click Advertising Terms and Conditions

Webwings pay per click advertising services include online advertising services and landing page design. For full details of the Services provided by Webwings, visit www.webwings.com.au.

These terms and conditions apply to the use of this Web site including the purchase of services from Webwings Internet Marketing. In using this Web site and our services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Web site or ordering services from us.

By using the Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply and/or continue to comply with the Terms of Service, Webwings may terminate your right to access the service.

Terms and Conditions

You agree and continue to agree to use the Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below.

You will not engage in any conduct that in the discretion of Webwings restricts or inhibits any other person from using or enjoying the Services. You agree to use the Services only for lawful purposes. You are prohibited from posting on or transmitting through the Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

Webwings may elect to electronically monitor the Services for adherence to these Terms & Conditions and may disclose to the extent permitted by law any content, records or electronic communication of any kind (i) to satisfy any law, regulation or authorized governmental request, (ii) if such disclosure is necessary to operate the Services, or (iii) to protect the rights or property of Webwings or its partners.

Webwings reserves the right to prohibit conduct, communication or content which it deems in its discretion to be harmful to individual users or other third-party rights, or to violate any applicable law.

Agreement to Purchase

By law, an order placed by you, the customer, is an intent to buy and cannot rescind solely because of a change in mind. Orders placed are not altered in any way unless authorized to do so by you, the customer. You acknowledge that Webwings Services may be automatically renewed unless otherwise requested by yourself. All orders are processed according to authorization to do so. If there are any changes, please contact us immediately.

Service Renewal

You acknowledge that Webwings Services may be automatically renewed unless otherwise requested by yourself.

In order to cancel a service, the customer must send us a request to cancel their service in writing by email or using the contact form on this web site. For administration purposes, up to 10 business days should be allowed from the time this cancellation request is provided, to when the account cancellation occurs.

If cancellation of a monthly service subscription is received part way through the month, the full monthly service fee will be payable. 

Search Advertising Service Delivery

Webwings will strive to set up online advertising campaigns and deliver Google and/or Bing paid search traffic to the customer’s website. If paid search traffic cannot be delivered to the website in question due to the editorial policies of the search engines regarding the acceptance of advertiser web properties, Webwings is not to be held liable. Ongoing account management fees are billed monthly in advance at a flat rate.  Any service or account management fees already paid to Webwings are non-refundable.

Search Engine Guidelines For Pay-Per-Click Campaigns

Please note that Google and Yahoo! don’t accept websites into their paid search campaigns that fail to comply with their guidelines.  This might include but is not limited to:

  • The URL must not have a redirect.
  • The destination URL must be active and not under construction. The destination URL cannot link to an email address or a file.
  • Pop-ups are not allowed on the landing page.
  • Links to your website must allow users to enter and exit the landing page easily, and to return to the search results page or ad network by clicking once on the browser’s “Back” button.

For more information, visit

https://support.google.com/adwordspolicy/topic/1626336

http://au.adspecs.yahoo.com/policies.php

Landing Page Optimisation

  1. Only 2 landing pages will be included with relevant Search Advertising services.
  2. All landing pages remain the sole property of Webwings and may be modified at any time to correct errors, improve performance or for any other reason as deemed necessary.
  3. If your service is cancelled, your landing page(s) must be removed from your servers. This includes landing pages included as part of a package if any part of this service is cancelled.
  4. We will endeavor to create high quality landing pages. All requests for changes to landing pages by customers will be subject to our service fee once the landing pages are activated.

 

Email Marketing

Webwings Internet Marketing will provide access to the email marketing service for clients to send the agreed number of email’s per month.

It is the clients responsibility to ensure that all data is backed up (e.g. but not limited to client lists, email templates,forms etc).  Webwings Internet Marketing will not be liable for any loss of business to a client for loss of data.

The email marketing service is not to be used to SPAM or distribute inappropriate  content (including but not limited to pornography, casino advertising, etc.).  Any account in breach of these terms will be suspended and possibly terminated immediately.

Email marketing is paid for on a monthly subscription basis.  Webwings Internet Marketing reserves the right to terminate any account without notice for non-payment.  Access will not be provided to any client who’s account has been terminated for non-payment until payment is made.  If payment is not received within 30 days of the invoice date, Webwings Internet Marketing reserves the right to terminate the account and remove all files.  Webwings Internet Marketing will not be liable for any damage that this may cause to a client’s business.

SEO Campaigns

The terms and conditions of our service guarantee are described below.  The offer is for a SEO contract period of 12 months

The offer is only valid for clients who accept the keyword optimisation recommendations we make at the start of the campaign or a list provided from the client that we accept.

  • A top 10 position is defined as being achieved when one of the agreed keyword phrases first appears on the first page search results of either Google.com.au (pages from Australia), Yahoo.com.au (pages from Australia) or Bing.com.au (pages from Australia), Google.com.au (pages from web), Yahoo.com.au (pages from web) or Bing.com.au (pages from web).  The same keyword listing in first page results across multiple search engines is counted as multiple first page rankings.
  • A top 5 position is defined as being achieved when one of the agreed keyword phrases first appears on the first five search results of either Google.com.au (pages from Australia), Yahoo.com.au (pages from Australia) or Bing.com.au (pages from Australia), Google.com.au (pages from web), Yahoo.com.au (pages from web) or Bing.com.au (pages from web).  The same keyword listing in first 5 results across multiple search engines is counted as multiple first page rankings.
  • The top 10 and top 5 rankings is cumulative and the guaranteed number of rankings does not need to occur at the same point in time.
  • The guarantee does not apply if the client or their agent makes changes to the web site being promoted without prior consent from Webwings Internet Marketing.

By ordering one or more of our SEO campaigns, you agree to these terms and conditions.

Payment Terms of Service

Pricing and Billing

Webwings is based in Australia. All transactions are therefore listed and charged in Australian dollars. Webwings cannot be held responsible for any variations in International exchange rates that may be imposed by a customer’s banking institution.

You acknowledge and agree that Webwings Pty Ltd may change its pricing structure at any time at its sole discretion.

Webwings reserves the right to employ the services of a debt collector to retrieve unpaid invoices. We reserve the right to recover any costs associated with recovering this debt.

Non Payment and Termination of Services

Termination of Services

Webwings reserves the right to terminate any service that has not been paid for by the due date of the invoice date and without notice.  Webwings will not accept any liability for loss of income or other costs incurred by a client who’s services are terminated for non payment.

It is the client’s responsibility to ensure that all services consumed are paid in full by the due date shown on the invoice.

Non Payment and Debt Recovery

Webwings reserves the right to employ the services of a debt collector to retrieve unpaid invoices. We reserve the right to recover any costs associated with recovering any debt.

CONTACT

Brisbane: (07) 3103 9755
Sunshine Coast: (07) 5315 5053
Website: http://www.webwings.com.au

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