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Terms and Conditions

Terms and User Agreement for Hosting Accounts / Websites

This agreement is between MCS Webhosting (hereinafter referred to as MCS), and the individual or entity who is applying for Internet-related Services, (hereinafter referred to as CLIENT). CLIENT agrees to an on-line, paperless subscription service, which will be charged on a pro rata (pay before you receive) basis. CLIENT acknowledges that all information provided by CLIENT is true and correct to the best of CLIENT's knowledge. CLIENT agrees that the act of submitting an online application constitutes acceptance of these terms and conditions and that the act of online submission shall be in lieu of written signature.

Content

CLIENT agrees that all services may be used for lawful purposes only. Transmission, storage, or display of any information, data or material in violation of any Australian Federal, State or local law is prohibited. This includes, but is not limited to: copyrighted material, material MCS judges to be threatening or obscene, or material protected by intellectual property rights.

Pornography and sex-related or explicit merchandising is prohibited on all MCS servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to MCS servers or connected servers across the internet. Hosting content or linking to any site that sells or promotes bulk email services (spamming) is also strictly prohibited.

Examples of non-acceptable content or links include, but are not limited to: pirated or copyright compromised software, hacker or security circumventing programs or archives, warez, cracks, or Keygen distribution sites, Irc Bots, or Spyware injected programs, illegal downloadable mp3 or other music format databases, Illegal downloadable AVI or other movie format databases.

As it is in the best interest of MCS, we will not host or build any website that we deem to be in conflict of interest to the products or services provided by MCS. Examples of this include, but are not limited to: Sale of computers, computer related goods or services, sale of website design or hosting, sale of computer consumables or media, or promotion of any of the above.

MCS will be the sole arbiter as to what constitutes a violation of the content provisions above. If in the opinion of MCS, your website is found to violate any of the above, it will be removed and / or your subscription cancelled. No refunds will be given for any client who is found to have breached these content provisions.

Bandwidth (Traffic)

Bandwidth is the amount of data transferred to and from the server when you visit a web site. Each account has a bandwidth limit.

Mini50: 1GB

Maxi100: 2GB

Monti150: 3GB

Mega200: 4GB

Major300: 5GB

If this limit is exceeded in any given month, a fee will be charged of $10 per GB (or part thereof). This fee will be added to the next invoice being emailed to CLIENT which must be paid upon receipt. If the limit is exceeded in any 2 consecutive months, MCS will recommend CLIENT upgrade to the next account plan. Any unused portion of CLIENTS bandwidth is forfeited at the end of each month.

Webspace

Webspace is the amount of storage space you have to hold files and website data. Each account has a webspace limit.

Mini50: 50MB

Maxi100: 100MB

Monti150: 150MB

Mega200: 200MB

Major300: 300MB

If this limit is exceeded, a fee will be charged of $1 per MB (or part thereof). This fee will be added to the next invoice being emailed to CLIENT which must be paid upon receipt. If the limit is exceeded for longer than 7 days, MCS will recommend CLIENT upgrade to the next largest account plan.

CGI Scripts, ASP or any other scripts.

Each account comes with its own Perl CGI-bin. CLIENT is free to use any CGI scripts that the CLIENT wishes; however MCS reserves the right to disable any CGI script that interferes with normal server operation.

Data Integrity.

MCS will not be held responsible for any files and/or data residing on MCS servers. CLIENT agrees to take full responsibility for files and data transferred and uploaded to CLIENT account. CLIENT agrees to maintain all appropriate backups of files and data stored on MCS servers. CLIENT is strongly advised to periodically backup data to their own local computer.

MCS will not be held responsible for any loss of data, or business downtime due to virus, spyware or hacker attacks executed on CLIENT accounts. MCS will not be held responsible for any costs incurred including, but not limited to, reinstating compromised CLIENT account and/or website.

Account Payment

All MCS Accounts are administered by email. CLIENTS will receive all correspondence relating to their account by this means. CLIENTS can also access their account information through MCS customer management portal. It is the responsibility of CLIENT to inform MCS of any changes to their email address or billing information.

MCS offers CLIENTS monthly or yearly payment options for all hosting accounts. MCS charges all CLIENT accounts in advance. CLIENTS will receive a notification email 14 days before their account is due. This account is payable by the due date. If the account is not paid by the invoice due date, a late fee of $10.00 may be enforced.

CLIENTS can pay their accounts by Credit Card (Visa, MasterCard), Direct Deposit (Bank Transfer), Paypal, or by cash in person at MCS office, located at 85 Chester Street, Nanango, QLD. MCS does not accept any other form of payment. MCS Banking details are given during account sign-up. All account payments on new accounts are subject to our 30 Day Money Back Guarantee (see 30 Day Money Back Guarantee below).

All new Windows MCS accounts incur a one-off setup fee of $25.00. All new Linux MCS accounts have FREE setup. All monies are in Australian dollars (AUD), and include GST.

All invoices issued to CLIENT by MCS are payable by the due date. MCS imposes a late payment fee of $10.00. Late payment is defined as any payment not made by the due date of invoice.

30 Day Money Back Guarantee

MCS guarantees to all CLIENTS that if for any reasonable reason they wish to cancel their account within the first 30 days of signup, MCS will give a full refund of all CLIENT hosting fees paid, excluding the initial setup fee. However, if CLIENT has breached any MCS Terms and Conditions in the 30 Days, CLIENT will NOT be issued any refund.

Refunds after 30 days

No refunds will be issued after 30 days unless the following provision exists: MCS fails to provide the services specified on CLIENTS chosen plan for longer than 7 continuous days. This excludes any network outages, or any other provider issues outside MCS immediate control.

Commercial Advertising - Email

MCS servers may NOT be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. CLIENT domains may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on MCS servers is prohibited. MCS considers Spam as any mass of unsolicited messages in the medium of Newsgroups and/or Emails. MCS reserves the right to refuse or cancel service to known spammers. MCS reserves the right to determine what violates this policy.

MCS provides the email system to the CLIENT on the understanding that MCS mail servers are intended to receive and deliver emails to you via your computer or Webmail system. We do not provide a mail storage solution, and as such, emails stored on our servers are at your own risk.

Server FAIR usage policy

Any breach of the following fair usage policies will result in immediate suspension of account without refund.

Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited. Any attempts to undermine or cause harm to another CLIENT's data on MCS servers is strictly prohibited. Any unreasonable server CPU, memory, as well as bandwidth usage as determined by MCS.

CLIENT agrees that it shall defend, indemnify, save and hold MCS exempt from any and all demands, liabilities, losses, costs and claims, including attorney's fees asserted against MCS, its agents, its customers, officers and employees, that may arise or result from any product or service provided or performed or agreed to be performed, or from the use of any product or service provided to CLIENT, it's agents, employees or assigns. CLIENT agrees to defend, indemnify and hold exempt MCS against liabilities arising out of; (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with MCS servers; (2) any material supplied and or distributed by CLIENT infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Terms and Termination

This agreement shall have an initial term of one month, or one year from the date of account activation, determined by the CLIENT selected billing cycle. Upon expiry of such term, this agreement shall renew and again be in force upon renewed subscription by the CLIENT. All terms and conditions of this agreement shall be in full force and effect during all original and renewed periods hereunder. If CLIENT does not wish to renew the subscription, CLIENT must notify MCS via email within 14 days of receiving tax invoice for the next billing cycle. Failure to notify MCS in this manner will result in the subscribed service being billed for an additional cycle. MCS reserves the right to suspend CLIENTS account without notice where CLIENT has violated any of the terms and conditions in this agreement.

Refusal of Service

MCS reserves the right to refuse its services at MCS sole discretion.

Password Policy

MCS is not responsible for the maintenance of CLIENT usernames and or passwords. It is CLIENT responsibility to keep usernames and passwords safe. If CLIENT loses usernames and or passwords, MCS can reset the username or password for the CLIENT. MCS may need to delete accounts and re-setup same in some cases. MCS reserves the right to charge CLIENT at MCS regular labour rate, for changing or resetting accounts due to CLIENT loss of usernames or passwords.

Changes to Account Plans, Fees or Features

MCS reserves the right to make changes from time to time to any or all account plans, fees or features offered by MCS. MCS will notify CLIENT of any changes 14 days prior to changes taking effect.&

Disclaimer

The CLIENT agrees to indemnify and hold MCS exempt from any claims or losses resulting from the use of any subscribed service which the CLIENT or any third party holds with MCS. MCS will not be responsible for any damages or losses CLIENT businesses or situations may suffer through delays, service interrupts, access to products, or any other loss of service outside the immediate control of MCS.