Hosting terms and conditions

Creative Stream Pty Ltd will hereby be referred to as "we", us", "our". The customer will be referred to as "customer", "you" or "I".

Our Acceptable Use Policy also forms part of these terms and conditions, by accepting the terms detailed on this form the customer also accepts our pollicies on acceptable use of our services.

1. Account Setup

a. Eligibility. Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended customers or customer's users. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our services.

b. We are self serve hosting provider . The customer will manage their own account setup using the tools we have provided. We will setup your account after payment has been received & cleared, and our payment partner(s) have screened your order in case of fraud. You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to fax a copy of the front and back used to make payment before your account is activated. If this information is not provided, we reserve the right to terminate all services on your account without refund. Please provide us with an email address which is not at the domain you are signing up under.

c. Only the authorised person listed on the account, entered at signup will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with a username and password which is required to access the hosting service Control Panel. Requests received from your account once logged in, will be deemed to have come from the primary account holder. Please ensure you never give out your login details to anyone. Creative Stream Pty Ltd may also verify your identity by asking security questions, as required by the privacy laws in Australia . The client agrees to provide this information before assistance can be provided to them. The primary account holder also agrees to keep their contact information up to date at all times.

e. If you wish to change the legal ownership of a whole account (and all products and services under it) there is a $55 charge for the administration work involved. To facilitate the transfer, the primary account holder needs to fax Creative Stream Pty Ltd a signed letter which includes their full name, email address, full address, date of birth, domain name and/or products listed on their account, along with the new registrant details: Full name, full address, email address, date of birth. Please allow 5 working days for a transfer of legal ownership on the account. Changing the legal ownership of an account does not include updating the legal registrant information for an .au domain name. It is not possible to assign individual products and services to new accounts. If this is required, the old products and services must be cancelled and reopened on a new account.

f. If you exceed the predefined limits of your hosting package, and utilise extra resources that have not been paid or do not form part of your plan, we reserve the right to charge for the extra resources used from the intial date of usage until the present day.

2. Publisher and author of web site

a. As the 'primary account holder', it is your responsibility to ensure your web site(s) do not breach our terms and conditions or interfere with the server functions for other users.

b. Creative Stream Pty Ltd is not responsible for, nor endorses the content hosted by or activities performed by you whilst using our services or by any sites you host.

c. Creative Stream Pty Ltd provisions our web site builders and other related software to clients to allow them to create and publish web sites. The client agrees the web site and material they design and publish, will not breach our terms and conditions and they are the sole publisher and author of their web site.

d. From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request we publish their web site or modify their web site on their behalf. Creative Stream Pty Ltd is this instance does not become the web site publisher and/or author and is making these changes by instruction of the Primary Account holder.

e. Creative Stream Pty Ltd does not offer free domain names for testing or any other use. You must purchase your own domain names to use with your web hosting package(s).

3. Content

a. All products and services provided by Creative Stream Pty Ltd may only be used for lawful purposes. This includes, but not limited to copyrighted material, or material we judge to be threatening, obscene and pornography. We do not allow pornographic sites. The customer agrees not to host such material.

b. The customer agrees to indemnify, defend and hold harmless Creative Stream Pty Ltd from any claims resulting from the use of our products or services in any shape or form. Creative Stream Pty Ltd does not endorse any web site content hosted on our network and the content remains the property of the web site owner. If you wish to lodge a complaint against a web site, please click here.

c. Examples of unacceptable material:

d. If your web site is suspended and/or hosts any of the unacceptable material (above), we reserve the right to charge a cleanup fee for the administration time involved to attend to your account / server and update you on the issue at the standard rate of $55 per hour (minimum 1 hour). You will be responsible to resolve the issue and rectify the issue after we inform you of the breach.

4. Resource Usage

a. Users may not initiate the following:

  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, scripts, FTP, PHP, HTTP, Mail, etc.
  2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
  6. Any activity which causes the server to crash / restart
  7. Check their email more than every 3 minutes.

5. Zero Tolerance Spam & Leeching Policy

a. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.

b. We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.

6. Backups and data loss

a. The backup function in your control panel uses high server resources and may cause the server to become less responsive, affecting the web site performance for other users. You agree to only perform backups of your site (databases, web space, etc) using the backup function in your hosting control panel between the off peak hours (Offpeak is classified between 11.30pm Australian Eastern Standard Time and 7am Australian Eastern Standard Time). Using the backup function outside of these times may result in your account being suspended.

b. Your use of our products and services is at your sole risk. We are not responsible for files and 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 our servers at all times.

c. We are not liable for any data loss due to server failure, any other failure whatsoever, or unforeseable corruption of programs, hacking, etc. The client should always have a backup or storage of data that is not corrupted and is available to be used if necessary.

d. We provide backup tools in your control panel which will allow you to perform backups of your account when required, or you can always download your web site files from our server for external storage.

7. Security

a. We may introduce new security measures from time to time to help prevent malicious use and attacks on and to our servers.

b. No shell or remote desktop access will be provided on any shared hosting servers for security reasons for any reason. The hosting control panel provided will in most cases provide a shell alternative to the task you wish to perform. e.g. Administer a MySQL database.

8. Payment

a. The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your account, you must email accounts@creativestream.com.au.

b. Creative Stream Pty Ltd reserves the right to change the advertised price on products and services and any other charges at anytime. Existing customers will be notified prior to any change in their billing cycle charges.

c. It is your responsibility to ensure your primary email address listed in our billing system is functional and working, so you can receive notifications, payment reminders, suspension notices, etc from the email address:
accounts@creativestream.com.au
(Please ensure you have whitelisted this email address in your spam filter settings.)

d. All goods and services purchased, for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.

e. Your account will not be created until funds have been received in full as cleared funds. It is your responsibity to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a $5.00 administration charge, to cover our bank fees and company administration. We may remove any accounts for which payment has not been received.

f. We reserve the right to change and refuse payment methods to clients at our sole discretion. If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of $15.00 and suspend your account.

g. Dishonoured cheques will attract an administration charge of $30.00.

PayPal payments

h. Our system generates and emails you an electronic invoice when your service is due for renewal.

Credit Card payments

i. You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.

9. Package versions

a. From time to time, we may update our hosting package plans. Customers on previous plan version numbers will be automatically upgraded to the newest version of the plan.

10. Suspension

a. We reserve the right to suspend your account if you have an outstanding invoice or account or if your account is in dispute. If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including domain names, web hosting, ssl certificates until the account has been paid in full.

b. Your information will then be passed onto a collections agency for debt recovery, if for 60 days your account remains unpaid.

c. We reserve the right to suspend your account at any time for breaching our terms and conditions, for intiating in activities which may reduce the security of other web sites on our servers, or where Creative Stream Pty Ltd has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.

d. We may investigate to recover any outstanding debts.

11. Microsoft Frontpage Extensions

a. Microsoft Frontpage 98 extensions are not supported by our systems, as Microsoft has removed support for this version of frontpage. Frontpage Extensions 2000+ are supported.

12. Cancellation

a. Creative Stream Pty Ltd reserves the right to cancel your account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given.

b. Any proof of misleading, giving false information, abuse, swearing, extortion, harassment, improper conduct, attempting to damage relations reputation or goodwill of Creative Stream Pty Ltd or attempting to damage relations of its employees, third party providers, wholesaler providers will lead to automatic cancellation of your account without refund. Your agree you will not damage relations, reputation or goodwill with Creative Stream Pty Ltd current, future and prospective clients. This can be by email, live chat, forums, web sites, telephone and may include threatening, attempting to damage business relations or reputation, providing incorrect information, extortion, harassment, improper conduct, abuse, swearing, publishing and distribution of any communication between you, employees, third party providers or wholesaler providers, or other unlawful activities. We also reserve the right to seek and claim damages and losses.

c. How to cancel your account : To cancel your account or products and services on your account, please login to My Account (found in the top menubar of our homepage) and submit a ticket to the "Service Removal" department. We require you fill out this form per our terms and conditions. Other requests to cancel your account are not considered official and you will be redirected to the cancellation form to finalise your cancellation request. Please ensure your account is paid in full, otherwise the cancellation will not be successful. You must provide a minimum of 7 days notice prior to your product/service renewal date if you do not wish your product/service to renew.

e. Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including domain names, web hosting, ssl, etc. We will not engage, discuss or alter your account in any way once your account has been cancelled.

f. No refunds or credit will be given if you cancel your account or downgrade to a lower package. If you downgrade to a lower package a $15.00 charge applies.

g. Hosting and account add-ons are non-refundable.

h. If you have cancelled your hosting account with Creative Stream Pty Ltd and would like to reactivate your account, a $22.00 administration fee will apply to cover the admin time involved in recreating your account and update our billing system.

i. If your account remains unpaid for a period of 30 days or more, we reserve the right to terminate your account.

13. Bandwidth Usage / Disk Space

a. It is your responsibility to upgrade your account and monitor your account usage.

b. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. It is the customer's responsibility to ensure they do not exceed their assigned limits.

c. Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.

d. Unused transfer in one month cannot be carried over to the next month.

14. Price Change

a. We reserve the right to change prices listed on Creative Stream Pty Ltd, and the right to increase the amount of resources given to plans. Customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us.

15. Indemnification

a. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Creative Stream Pty Ltd; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Creative Stream Pty Ltd's server. Creative Stream Pty Ltd does not guarantee uptime.

By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.

16. Disclaimer

a. Creative Stream Pty Ltd will not be responsible for any damages your business may suffer. Creative Stream Pty Ltd makes no warranties of any kind, expressed or implied for services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service avilabaility. Creative Stream Pty Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes, but is not limited to loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery, and any and all service interruptions caused by Creative Stream Pty Ltd and its employees.

21. Changes to the Terms and Conditions

a. Creative Stream Pty Ltd reserves the right to revise its policies from time to time without notice to you. By continued use of our services, you agree to and are bound by the updated terms and conditions, that can be accessed on our web site at any time.

21. Governing law

This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Australia and the State of Victoria , as if the Agreement was a contract wholly entered into and wholly performed within the State of Victoria . You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the Australian Court for the South Eastern district of Victoria, or if there is no jurisdiction in such court, then in a state court in Melbourne, Victoria. You consent to the personal and subject matter jurisdiction of any state or Federal court in Melbourne , Victoria in relation to any dispute arising under this Agreement. You agree that service of process on you by either the Primary Service Provider or Backend Service Provider in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.