1. Definitions
Unless otherwise stated, the following definitions apply to this document:
- "we", "us", and "our" are references to NSHosting;
- "you", "your" and "customer" are references to the person paying for services from NSHosting having entered into this agreement;
- "services" are web hosting, domain registration, reseller rights, web design, email and other services or facility provided by us to you;
- "charges" are the charges payable by the customer for services provided by NSHosting.

2. Order Process

We have not accepted a customer and order until account set up. Until you receive the 'Welcome' email including all details specific to your account. We reserve the right to refuse, cancel, or reject any order made by the customer. In such cases, a full refund (minus transaction fees) will be made using the same method as payment was originally made.

3. Refunds [Shared, Reseller hosting only]

3.1 NSHosting Money Back Guarantee

Customers are entitled to a full refund (minus transaction fees) within 30 days of the initial hosting order being placed. This will be issued in the same method as originally used by the customer. Offline payment methods will be refunded using NSHosting internet bank account or other online method.

3.2 Money back guarantee does not apply to domain name registration, dedicated servers, or if the account has breached these terms and conditions prior to cancellation.

3.3 Account Cancellations

After the 30 day introduction period, no refunds will be issued for account cancellations on a monthly payment schedule. Accounts on a yearly payment schedule are entitled to a pro rated refund taking only full months into account when calculating refund due, and using the full monthly price for spent months (without yearly discount). If cancellation of the accont is caused by the customer breaching these terms and conditions no refund will be issued. No refunds are issued for domain registrations, and web design initial deposits.

4. Server Misuse

4.1 Spam / Unsolicited Mass E-mail
The sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear 'opt in' methods and a strict removal procedure is published in all mailings. 'Safelists' and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.

4.2 Account Use
Under no circumstances must our servers be used for the hosting or communication of, reference to or linking to any of the following:
- pornographic (please contact us for more details);
- violations of any copyright or any other right of any third party;
- promotion of illegal activities (hacking, cracking, etc);
- information or software containing or about any kind of virus;
- hate speech or hate propaganda;
- the collection of personal information for illegal purposes;
- content deemed by us at our sole discretion to be harmful to us;
-IRC Bots and/or Warez websites;

5. Hosting Resellers

In the event that a resold account is in breach of our misuse terms, we reserve the right to suspend this account without informing the reseller. The end user will not be contacted by us and every effort will be made to inform the reseller (our customer) of our actions and reasons.

6. Billing (invoices)

6.1 Payment schedules
The customer agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided. If paying by Paypal monthly, you must sign up for a subscription. Credit Card payments are automatically rebilled each month. It is the clients sole responsibility to cancel accounts to avoid recurring monthly charges.

6.2 Invoices
All invoice notifications will be sent via email and a printable version made available in the customer control panel. Customers are required to pay their invoice in advance at the beginning of each payment term using the available method of our choice within 10 working days of the invoice issue date.
If you require your invoices or check invoice dates please login to support as they are all listed in there.
Using the excuse you didnt receive your monthly invoice is not acceptable for late payment.

All invoices outstanding for more then 7 days will automatically have a $10 late fee added to your invoice which is payable before any website/hosting is unsuspended this includes ezypay customers who have a failed payment.

6.3 Bank charges
Customers are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing of the bank account or credit card or as a result of failed transactions thru ezypay debit.

6.4 Suspension
We reserve the right to suspend any account after 3 working days have passed without due payment being received for any invoices outstanding.
Any added time for payment will be at our sole discretion.
If you have more then 1 account hosted thru NSHosting we reserve the right to suspend all websites untill all overdue invoices are paid.

If the domain name is under your account then you are liable for all invoices for that domain name.

If you have 2 websites hosted with us and you are in credit then any credit will be used to pay any outstanding invoices that your account incurs.

If your account falls overdue by more then 30 days your website/hosting will be terminated.

6.5 Username & Password Reset
If a customer loses there login details to there website/hosting account please contact support to have them reset.

7. General Server Information

7.1 Backup of Data
Except where NSHosting has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and NSHosting is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with NSHosting services.

7.2 CPU & Memory (Server Resources)
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. NSHosting will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and Reseller account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

7.3 Data transfer and webspace allocations
Customers can request a package upgrade or temporary resource increase at the costs available to view on our website at http://www.nshosting.com.au , or via thier client area control panel. It is the sole responsibility of the customer to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us.

8. Domain Policy

Failure to renew your domain name when its due to expire has no impact on hosting payments to NSHosting you owe as its the customers responsibility to ensure its renewed.
Failure to renew it before it expires will require a further $10 to renew the domain name for you.
If your domain name is more then 30 days overdue for payment it will cost $250 for us to renew your domain name as it goes into redemption period.

8.1 Domain Ownership

All .com.au Domain Names are registered in the owners name using our domain name Registrar.
If customer request their domain name to be transferred to their own account with this domain name registrar then all support ceases for this domain name.

If for any reason this domain name expires or we are required to do any work on the domain name eg: changing name servers etc for you then we will require payment of $100 p/h minimum of 1 hour before we attempt to get the domain name back and the payment is payable up front before work commences and as there is no Guarantee NSHosting can get any domain name back so there is no refunds on any payment you pay NSHosting to retreive the domain name as when a customer requests any domain name to their own account then that customer has full Responsibilities for that domain name and not NSHosting.

9. Customers Responsibility

Customers are responsible for the security of thier client area/cPanel ID, passwords, and contact information for billing. We cannot be held responsible for communication mixup's as a direct result of the customers failure to update their details.

10. Limitation of Liability & General Terms
10.1 We are not responsible for any claimed damages, which may result from our servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.

10.2 We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.

10.3 For clients with multiple accounts and resellers, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.

10.4 In the event that we are unable to contact a reseller account holder to pursue payment, we reserve the right to contact their customers to inform them of the situation. We also reserve the right to contact a resellers customers if they are 'abandoned' by the reseller account holder.

10.5 We will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.

11. Dedicated Server Clients

11.1 Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.

IRC
NSHosting Web Hosting Services does not allow any IRC programs to be run on any server/shared server.

Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Website/Hosting Support
We reserve the right to cease support to any website/hosting account at our descretion or in the event of a change of ownership to a website that was sold by the original owner or change of hosting eg: you move your site to another hosting company we will no longer support your website to continue to get support the website must remain on our servers.

Any abuse of any kind to any NSHosting staff member will result in website/hosting termination immediately or be issued 7 day terminatation notice to remove your hosting account or website from our servers.

Refunds
Please see section 3.2.

Webhosting Cancellation Process
Minimum of 7 days cancellation notice prior to your next billing due date is required and all invoices to be paid up till the time your account is terminated
So if your account is due on the 5th and you cancel it on the 30th your still liable for the next months hosting fees.

Any customer who does not pay their hosting fees are liable for all fees we incur including all court costs for us to collect the payments from you so please ensure all payments are finalised before asking for your hosting account to be closed.

12. Modification
12.1 We reserve the right to add, delete, or modify these Terms and Conditions, our hosting packages, prices and website at any time with notice provided via email(s).

12.2 Billing/Price Changes
NSHosting prices are subject to change without notice. Any price changes become effective in the next billing cycle.

13. Extra Charges Payable

13.1 All the charges listed below are required before any work commences and is payable by bank transfer only.

13.2 These charges apply under the following terms:

1. Suspended Account & Re-Activation Fee - $20
2. Restore website from a Backup - $80
3. Late Payment Fee for Hosting: $10
4. Hosting Package Domain Change - $20
5. Hosting Package Change - $10
6. Backup of Site Data & Database and sent by CD - $50
7. Cpanel Password reset - $15
8. Website Admin Password reset - $15
9. Fixing Website errors caused by clients - $80ph
10. Deleting expired SSL Certificates - $25
11. Adding additional addons to your website - $50 per hour
12. Website ownership details change - $30
13. Late Payment for Domain Name Renewel: $10
14. Retrieving a Domain Name that has been transfered to customers account: $100ph (min 1 hour)

15. 3rd Party Software Support
15.1 We do not support 3rd party software this includes email clients ( Incredimail, Outlook, Scripts you install yourself on our servers ) if you want NSHosting to fix/help with any 3rd party software you will be given a fixed fee at the time you request help which is payable before any work commences.

Any questions concerning our terms of service please email us at support@nshosting.com.au