Home> Terms of Service/Acceptable Use
Oz Web Biz
Terms of Service / Acceptable Use Policy
This document constitutes the Terms of Service (TOS) and
Acceptable Use Policy (AUP) for all clients of Oz Web Biz
and its servers. These are the standard terms and conditions
of supply of Oz Web Biz web hosting and other products and
services offered from time to time by Oz Web Biz.
Terms of Reference:
'Us', 'We', 'Ours' refers to Oz Web Biz and its servers.
'You, Yours', 'the Client', 'Their' refers to the Oz Web Biz
These TOS and AUP are in place so as to ensure a secure,
reliable and cohesive environment for all Oz Web Biz clients
to operate from with regards to their web hosting requirements
& needs and also in the interest of promoting a safe and
viable internet for all.
By taking an account with Oz Web Biz, you agree to these
Terms of Service and Acceptable Use Policy (TOS/AUP) and agree
to act in accordance with the terms contained therein.
You do also agree to maintain our TOS/AUP for the duration
of your time with Oz Web Biz. Any changes to our TOS/AUP will
be notified by email to you by Oz Web Biz no less than 7 days
prior to the change taking effect.
This document (including updates and amendments) is the current
and only applicable TOS for clients of Oz Web Biz.
All content stored and served from the Oz Web Biz servers
and network is to be of a lawful nature only.
We will exercise zero tolerance of any sites or dedicated
servers containing the inclusion of (but not limited to) adult-only
material, pornography, racist, hate content, graphic violence,
warez, pirated/fraudulent material, 'ripped' or unauthorized
site copies, virus, worms, trojan horse, harmful code or attachments
and other threatening or obscene content either stored, served
or linked to from the Oz Web Biz servers.
In the interest of protecting server and network resources
and security, we also do not allow the use of any IRC servers,
egg drops, bots, web spiders or chat scripts or clients.
The distribution of MP3's is not allowed on our servers.
Under certain circumstances, this rule may be allayed. This
exception, however, will be on an individual basis and only
upon direct request to our support staff.
We also do not allow the running of any background processes/daemons
as they may potentially affect server resources. Please consult
with us before you run any such device.
Clients shall not knowingly or otherwise, use or permit others
to use, the Oz Web Biz servers or network for any of the abovementioned
forbidden content inclusions.
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3. Refusal of Service/Violation of TOS
Oz Web Biz reserves the right to refuse service or cancel
a service upon its sole discretion due to breaches of the
Existing clients found breaching any TOS/AUP conditions will
either receive a warning, suspension or immediate account
termination, dependent upon the nature of the breach of our
TOS/AUP. In most cases, barring the most serious of breaches,
we will notify you by email of our intention to suspend or
terminate your account or site, no less that 24 hours before
such action is taken. In the case of a serious breach, such
as serious violations of our content or spamming policy we
will suspend or terminate your account immediately. In these
cases, an email will be sent to the client, advising of the
suspension or termination and allow reasonable recourse for
the client to solve the problem.
Content of an illegal nature will be reported to the appropriate
authorities and the clients account will be terminated immediately.
An email will be issued to the client giving notice of a withdrawal
of our services.
If an account is suspended or terminated due to a breach
of this TOS/AUP, the Client warrants not to hold Oz Web Biz
liable for any loss or damage or liability in the event or
such suspension or termination.
If an account is suspended, then although the site is unavailable,
this is considered uptime and usual fees and charges are still
No refund will be given for suspension or termination of
account due to a violation of this TOS/AUP.
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4. Refund Policy/Account Cancellation
If for some reason, the client is not happy with their service,
it may cancelled at any time within 28 days from account/service
activation for a full refund of their payment.
If, after 28 days, the client chooses to close their account
with Oz Web Biz, it is required that the client inform us
in writing or by email 7 days prior to the end of their current
billing period. This will enable us to remove the client from
our billing system so as no further invoices are issued.
Account cancellation notice can be given to us via email
After 48 hours of the account termination date (unless otherwise
arranged), we will delete client account details and associated
web site(s) from our servers. We strongly advise that the
client back up their site via the control panel and download
it to their local computer prior to advising us of the cancellation
notice, so as no information is inadvertently lost.
Please note: pro-rata refunds are NOT given for the remaining
period left on the pre-paid term.
No refunds will be issued in cases where we have terminated
an account due to a breach of this TOS/AUP.
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Spamming, unsolicited email or Mass
Emailing (including programs that are used for this purpose)
in any form from the Oz Web Biz servers or from an email address
held on the Oz Web Biz servers is expressly forbidden. A violation
of this nature will revoke any service agreement you have
with Oz Web Biz and may result in the termination of your
account with no recourse for refund.
Although Oz Web Biz does perform system wide back ups for
the purposes of disaster recovery, it is to be advised that
each client is responsible for their own site backups.
While Oz Web Biz shall make reasonable efforts to protect
the data files stored on our servers, Oz Web Biz is not responsible
for the Client's data, files, or directories residing on our
servers. The Client is solely responsible for maintaining
data, file, and directory structure backups.
In the event of equipment failure or data corruption, we
will restore from the last known good archive. In the event
of corruption of all of our archives, or in the event that
an old archive is used to restore data, you should be prepared
to upload your data to your web site. You must maintain a
recent copy of your data at your premises at all times. Oz
Web Biz will not be liable for incomplete, out-of-date, corrupt
or otherwise deficient Client data recovered from our backups.
7. Client Responsibility
Clients with accounts on the Oz Web Biz network agree to
act in a responsible manner with regards to their content
and actions on our servers. Client agrees to not knowingly
or otherwise disrupt processes, or to trespass, alter or tamper
in any way with the security of files contained on the servers
or to allow any content on their account that allows this
to be done.
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8. Payments & Pricing
All payments are due on time and in whole. If an account is
not paid by the due date, the client will be issued an email
or contacted by other means notifying of the oversight. If
payment is not received within 14 days of account due date,
then the clients account/web site will (upon our sole discretion)
be suspended. If payment is not received within 28 days of
the account due date then Oz Web Biz reserve the right to
terminate the account and delete it from our system.
Accounts in suspended status are still considered to be payable
accounts and as such are subject to normal fees and account
Oz Web Biz reserves the right to change its fees and charges
at any time without notice. However, Oz Web Biz will always
endeavour to give fair and reasonable notice of price and/or
package changes to any client affected by such a change.
9. Transfer of Service
The Client shall not transfer their service to any other
person or entity without prior written consent from Oz Web
Biz. If Oz Web Biz agrees to allow the transfer of service,
the new client must agree to the Oz Web Biz TOS and AUP before
the account becomes valid.
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The abuse (threatening, harming, slandering or otherwise
undermining) of any client, employee, Oz Web Biz itself or
to its servers will not be tolerated and will be met with
an immediate account termination without recompense and will
be reported to the appropriate authorities.
11. Reporting Abuse
If a client is found to be in violation of - or suspected
of violation of - these TOS and AUP, it should be reported
to Oz Web Biz via email at
Please ensure that all relevant and helpful details be included
in the email so as the situation can thoroughly investigated.
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12. Network Security
Clients are prohibited from violating or attempting to violate
the security of the Oz Web Biz network or any of its clients.
Should a violation take place, civil or criminal prosecution
may result. Oz Web Biz will investigate any alleged violations
and co-operate fully with law enforcement agencies.
Violations include but are not limited to:
A violation of any of the above may result in immediate account
- the attempt to login or gain access to any account or
service for which the client is not paying for;
- interfering with any service by DOS attacking, mail bombing
or anything else that would be detrimental to the services
that Oz Web Biz provides;
- attempting to probe or scan or test the vulnerability
of any Oz Web Biz servers or its network.
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13. Server Resources
The use of programs that use up excessive CPU time or bandwidth
(beyond allocated amounts) is not allowed on the Oz Web Biz
servers and alternative arrangements will be required. The
client will always be notified of such occurrences.
The disk space resources or program use (eg. remote access
of scripts such as cgi) of the client is not to be resold
by the client or used for purposes outside of their own account/web
Clients who exceed their allocated disk space or bandwidth
resources will be notified of such occurrence and will be
given adequate time to remedy the situation. Continued use
in excess of the allocated resources will result in a suspension
of the clients account and/or over used resources will be
charged accordingly and/or the clients account may be terminated
as per item 3 of this TOS.
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14. Location Oz Web Biz will determine in its absolute discretion
from time to time the data centre location from which your
Service is provided. Oz Web Biz reserves the right to migrate
your web site to a new operating system platform if our operating
system supplier ceases to provide support for the legacy operating
system, or if the server from which the service is provided
fails or, in Oz Web Biz's opinion becomes unreliable.
Oz Web Biz will use reasonable endeavours to notify you via
the most recent contact details supplied but does not take
any responsibility for web site failure if you have failed
to notify us of a change to your contact details or if you
have not checked the operation of your web site post-migration
and notified us of any required changes to the web site configuration.
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15. Domain Registration
We make no representation that any domain name/s that are
requested for registration are available and able to be registered
by or for the client until such time that the client has received
notice via a domain certificate issued to them stating that
they are the registered owner of the domain name/s. Any action
taken before such notification is done so at the clients risk.
The registration and use of the clients domain name is subject
to the terms and conditions of use as listed by the relevant
naming authority/registrar; the client shall ensure that they
are aware of these terms and conditions and that they comply
with them. The client shall have no right to bring any claim
against us for the refusal to register a domain name. Any
administration charge paid by the client to us shall be non-refundable
notwithstanding refusal by the naming authority/registrar
to register the chosen domain name.
We shall have no liability in respect of the client's use
of any domain name. Any dispute between the client and any
other person must be resolved between the parties concerned
in the dispute. If any such dispute does arise, we reserve
the right to withhold, suspend or cancel the domain name at
our discretion. We shall also be entitled to make representations
to the relevant naming authority/registrar but will remain
unobliged to take part in any dispute.
We shall not release any domain to another provider unless
full payment for that domain has been received by us.
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16. Web Site Construction and Development
Where Oz Web Biz is retained to construct a web site or redevelop
an existing web site, we provide all care but no responsibility
for all services. This means that Oz Web Biz will take care
to design, document, code and test web sites and other software,
and to correctly set up domain names and hosting configurations.
However, the final responsibility remains with the Customer
to test and verify that all services and functionality provided
have been correctly performed and delivered.
As such, Oz Web Biz cannot be held responsible for any financial
or other losses incurred due to such problems as software
defects, design flaws, documentation errors, domain name registration
errors, hosting configuration errors, trademark infringements,
copyright infringements, patent infringements, security breaches,
unauthorized access, computer viruses, or other unforeseen
Additionally, Oz Web Biz makes no claims or warranties as
to the fitness or suitability of the web site or any associated
software to a particular purpose.
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17. eCommerce Systems and On-line payments
eCommerce Systems and On-line Payments refer systems enabling
you to sell services and products via your web site, and the
acceptance of monies or credit card details. This includes,
but is not restricted to, on-line stores and shopping carts,
payment gateway interfaces, SSL encryption, and encrypted
Oz Web Biz supplies any such software or service on an 'as-is'
and without warranty of any kind, either express or implied.
Oz Web Biz will not be liable for acts or omissions of third
party e-commerce payment gateway providers such as Camtech,
PayPal, WorldPay, and any other provider who may provide those
services. You will deal with those providers at your own risk.
You accept full responsibility for all online transactions,
with or without credit and/or debit cards, originating from
or related to your web site.
You are responsible for and indemnify Oz Web Biz in respect
of legal obligations you have to end-users these services
under any legislation, including without limitation the Privacy
Act (Cth) 1998 as amended.
You indemnify Oz Web Biz and hold us harmless against any
liability in relation to all transactions undertaken using
these services, including in respect of claims by or in respect
of services provided by payment gateway providers.
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The Client agrees that they shall defend, indemnify, save
and hold Oz Web Biz harmless from any and all demands, liabilities,
losses, costs and claims, including legal fees asserted against
Oz Web Biz, it's agents, it's clients, officers and employees,
which may arise from the Clients account(s) or use, mis-use
or non-use of a service, product or goods supplied by Oz Web
Biz including, but not limited to, copyright breaches, defamatory
comments or events, racial vilification, intellectual property
infringements, illegal pornographic material, actions that
contravene export controls, threatening or violent actions
or behavior or any other unlawful event in any part of the
world where they may be unlawful.
In relation to a claim against Oz Web Biz, Oz Web Biz may
require you to conduct the defence and meet it's cost for
any legal proceedings or compensations or other events that
are the results of your actions or inactions or failure to
meet these terms and conditions or any Commonwealth Law or
any other Law. Where Oz Web Biz requires legal advise in relation
to an activity of the Client, the customer agrees to cover
the cost of that advise.
The Client agrees to take full responsibility for any content
that it publishes using an Oz Web Biz service.
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19. Disclaimer and Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL
CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT
AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS TERMS OF SERVICE/ACCEPTABLE
USE POLICY, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE
OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS
OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR
RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS
WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE.
Oz Web Biz disclaims any warranty or merchant-ability or
fitness for a particular purpose of the services provided.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused
by Oz Web Biz and its employees.
The Client agrees that exposure to viruses and other harmful
events may occur when accessing the general internet and dealing
with such events is outside the responsibility of Oz Web Biz
and that it is entirely the Clients responsibility to deal
with such exposures.
Oz Web Biz will endeavour to maximise availability of its
services, but accepts no responsibility for either our own
or third party failures, or any other events which may interrupt,
delay or degrade the service, or any consequential or ongoing
loss, damage, claim or liability to the maximum extent permissible
In any event Oz Web Biz's sole liability will be limited
to the an amount equivalent to the charges payable by the
Client to Oz Web Biz during the period in which damages are
alleged to have occurred.
20. Changes to these Terms of Service
Oz Web Biz will endeavour to notify each client via their
contact email address provided to us, of any change or updates
to this Terms of Service document. Any changes made to this
TOS become applicable upon the updated document being posted
on our web site. Continued use of our service after such a
change constitutes an acceptance of the changes.
Oz Web Biz reserves the right to alter, edit, and/or update
the policies contained in this document at any time for any
reason without notice.
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