Terms & Conditions

Terms, Conditions and Acceptable Use Policy

1. The term "webRefresh" refers to webRefresh (ABN 18 512 915 428). The "Client" is any person or business webRefresh provides services to.
1.1 By using the services of webRefresh, the Client agrees to the following terms and conditions.
1.2 This agreement commences on the date the Client is notified or acceptance of the Client's order and continues until terminated in accordance with this agreement.
1.3 The Client must pay to webRefresh any hosting and site management fees in advance.
1.4 Upon the account's renewal date, the customer must pay all fees due within 14 days. Failure to pay within 14 days may result in suspension of access to the web site, both uploading and downloading. Failure to pay before an additional 30 days may result in the account being closed.

2 Service
2.1 Scheduled Maintenance must be performed on the hosting servers from time to time. Attempts will be made to perform all scheduled maintenance at times that will affect the least amount of Clients.
2.2 Unscheduled maintenance may need to be performed due to data corruption, service failure or equipment failure. webRefresh will endeavour to inform the Client with details of any outage.
2.3 The services provided by webRefresh are expected to change as technology changes and systems are upgraded. webRefresh reserves the right to change any service offered or the feature of any service offered or its systems without notice, including changes to access and use procedures and all system hardware and software.

3 Warranties and Liabilities
3.1 webRefresh does not warrant that:
3.1.1 Its services and its systems will be uninterrupted or error-free.
3.1.2 The services will meet the Client's requirements, other than as expressly set out in this agreement.
3.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the liability of webRefresh for any breach of the term will, if permitted by that statute be limited, at the option of webRefresh, to any one or more of the following:
3.2.1 re-supply of the services; or
3.2.2 payment of the cost of having the services re-supplied.
3.3 The Client warrants that at the time of entering into this agreement no reliance is placed on any representation made by webRefresh which has not been stated expressly in this agreement or on any descriptions or specifications contained in any other document, including any catalogues or publicity material produced by webRefresh.
3.4 The Client warrants that tests and computer virus scanning will be conducted as may be necessary to ensure that data uploaded to or downloaded from the servers does not contain any computer virus and will not, in any way, corrupt the data or systems of any person.
3.5 The Client warrants that any passwords used to upload data to the servers will be kept secure.
3.6 The Client warrants that all data uploaded to the servers under this agreement will not expose webRefresh to the risk of any claim, legal or administrative action or prosecution.
3.7 webRefresh reserves the right (but is under no obligation) to remove from Internet Access any part of the Client Data that, in webRefresh's opinion, infringes any of the warranties set out in this agreement.
3.7.1 webRefresh has no obligation to review or edit content of the Client Data.
3.7.2 The Client is solely responsible for dealing with persons who access the Client Data.
3.7.3 The Client will not use the webRefresh Service to send unsolicited email.
3.7.4 If there is any claim against webRefresh due to a breach of the Client's warranties, or otherwise attributable to the Client Data, the Client must indemnify and hold webRefresh harmless against all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with, or arising out of, the claim.

4. Termination:
4.1 webRefresh may terminate the Service for any reason by giving The Client (7) days notice.
4.2 In the event that The Client terminates use of the Service, The Client shall give webRefresh (7) days notice and will not be given refund of any prepaid amount.
4.3 Notwithstanding anything herein contained, webRefresh may terminate the provision of the Service without notice if The Client breaches any of these terms and conditions.
4.4 webRefresh, in its sole discretion, reserves the right to temporarily suspend the Service for any reason.
4.5 On termination or expiry of this agreement for any reason, webRefresh may delete all Client Data from any storage media.

5. General:
5.1 All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. This includes, but is not limited to, copyrighted material, material judged by webRefresh to be threatening or obscene, or material protected by trade secret and other statute. The Client agrees to indemnify and hold webRefresh harmless from any claims resulting from the use of the service which damages the Client or any other party. Sites selling or promoting bulk email services are not allowed. Sites that promote pornography and sex-related merchandising, or any illegal activity or content that may be damaging to any server on the internet, are prohibited. This includes sites that may infer such content, or link to such content elsewhere. webRefresh will be the sole arbiter as to what constitutes a violation of this provision.
5.2 webRefresh reserves the right to disable any CGI script that affects normal server operation.
5.3 The Client is limited to one chat room per domain.
5.4 Programs which run continuously in the background may be disallowed based on system resources used and operational maintenance needed.
5.5 IRC and IRC bots are not allowed on the servers.
5.6 The hosting servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. The Client's domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising of sites on other servers, which in turn contain links to a domain on the hosting servers, is prohibited. webRefresh considers spam to be any mass unsolicited message in the mediums of Newsgroups and Email. webRefresh will, without warning, disable any domain found to be the source of spamming and will impose a AUD $200 penalty for each spam policy violation. webRefresh reserves the right to refuse or cancel service to known spammers. webRefresh reserves the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.
5.7 Any attempt to undermine or cause harm to a server is strictly prohibited.
5.8 webRefresh reserves the right to refuse or cancel service at its sole discretion.

6 Miscellaneous
6.1 The Client grants to webRefresh a license to use and reproduce all Client data in order to fulfil its obligations under this agreement.
6.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
6.3 The Client may not assign its rights and obligations under this agreement without the prior written consent of webRefresh.
6.4 webRefresh reserves the right to modify these terms and conditions at any time.