Payment

All web hosting services are to be in credit at all times. We currently invoice on 6 or 12 month cycles for hosting.

Service Level Agreement

Our services are backed by a 99.9% SLA calculated per month. This does not include the maintenance window which is every Sunday from 21:00 to 1:00. Upon request impacted services are eligible for a credit of 2% of the monthly fee per hour of downtime to a maximum of 100%. Impacted services are required to log a request to have the refund applied to their account.

We will endeavour to maintain network stability and satisfactory service levels, however:

• We may from time to time perform urgent maintenance and upgrades outside of the maintenance window. We will attempt to perform these at the most convenient time and provide reasonable notice by any means we deem satisfactory
• The following items are not not covered in the SLA; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike.
• We may, at our discretion provide notification of outages whether planned or unplanned.

Suspension and cancellation

We reserve the right to suspend/cancel any/all service, including all domain names if:

• You have any outstanding invoice or account
• Your account is in dispute or dispute resolutions procedure, court order, judgment, findings or determination
• You fail to comply with any provision in this agreement or those referenced in this agreement
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights
• As directed by local authorities
• We deem your use of our services may jeopardize the operation of the service, Mudgee Host Systems or our suppliers
• Any other reason to protect Mudgee Host Systems, our staff and/or our suppliers

Acceptable use Policy

It is your responsibility at all times to:

• Use our products and services in a manner which does not violate any applicable laws or regulations
• Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
• Respect the privacy of others
• Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
• Ensure your use of our services remains ethical and in accordance with accepted community standards

You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.

It is not acceptable to use our services to:

• Violate copyright or other intellectual property rights;
• Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
• Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language
• Misrepresent or defame others
• Commit fraud
• Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
• Damage, modify or destroy the files, data, passwords, devices or resources of  Mudgee Host systems, other users or third parties
• Engage in misleading or deceptive on-line marketing practices;
• Conduct any business or activity or solicit the performance of any activity that is prohibited by law
• Make an unauthorised transmission of confidential information or material protected by trade secrets
• “Spam” or engage in “spamming” activities
• Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
• Post or transmit defamatory, harassing, abusive or threatening language
• Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
• Facilitating a violation of this Acceptable Use Policy
• Perform any other action through utilization of any service which we deem unsatisfactory
• Attempt to do any of the above

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

Any breach of our (AUP) Acceptable Use Policy can result in immediate termination of services and loss of all data held on provided services. You release us, our staff and our suppliers of any liability resulting in such instances.

Liability and Indemnity

You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.

You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee’s asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.

You agree to defend, indemnify, and hold us harmless against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with JCR Computers
• Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
• Any breach of any representation or warranty provided herein
• Any negligence or wilful misconduct by you
• Any allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets
• Any defective products sold to customers from our server

By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein.

Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify Mudgee Host. Failure to provide such confirmation may be considered a breach of this agreement.

We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We perform data backups to protect your data but cannot be held responsible for the data contained within. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Mudgee Host, our employees or our suppliers.

Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.

Refund Policy

Refunds are provided at the sole discretion of the Mudgee Host management. All setup fees, domain registration and SSL Certificates are not refundable. If a cancellation request is received for a Service which has been pre-paid, then a credit will be issued to your Account once the Service has been cancelled. We require a minimum of 30 days’ written notice for all cancellation requests.

Acceptance

You must agree to these Terms and Conditions when placing an order. A copy of your acceptance is forwarded along with your order request to be maintained with your account information.