Bendigo Hosting and Bendigo Web Design TOS

Bendigo Hosting Terms of Service

Summary of Customer Responsibilities
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* Keep your billing, credit card, and domain registration WHOIS information accurate and up to date. Ensure you have sufficient funds in your credit card or checking account to prevent billing problems.

* You need your user name and password to obtain technical support, so don't lose them. Keep them secret so others can't access your account.

* Use a competent Web designer, or web design program. Pay attention to the security of your CGI scripts so they aren't hijacked. We are not responsible for insecure scripts.

* Keep backup copies of your Web site on your computer.

* You and your users need to diligently check email and empty server-based mailboxes. When your mailbox is full for an extended time, you will lose mail.

* In any e-mail challenge/response system, white-list the domains "hostrack.com" and "cmather.com".

* Follow the Acceptable Use Polices and applicable statute.

Account Closures: To close an account, use our secure on-line closure form found on our web site at http://www.cmather.com.au , or print and fill out a copy of that form and send it to CMATHER.COM, Inc. via US Mail, overnight courier, or facsimile transmission.

* Accounts are not considered closed until we receive a properly executed and authenticated closure form.

* We no longer accept closure requests by telephone, or by electronic mail that does not include all information contained on our closure form.

* All closure requests need to be authenticated by the account's assigned user name and password; if you have forgotten your user name and/or password, contact us for assistance.

Closure/Cancellation Notice: For hosting and dial-up service, there is no requirement for prior notice; you can request a closure at any time and your account will be closed at that time. For leased servers and co-location service, you need to provide at least thirty (30) calendar day's notice of your desire to discontinue service. For domain subscriptions, there is no process to cancel the subscription and registration.

Refunds: We will provide any refund due for credit-card accounts by posting a credit transaction to the credit card on file for the account; other refunds due will be provided by check that is mailed to the billing address on file for the account.

Establishing Service: Service is ordered on our Web sites. At the time the service(s) is/are ordered, you select the payment method and service term for the service(s) being established. Leased servers and co-location service require a contract; contract forms and instructions are available from the appropriate Web sites.

Service Term: For all services except domain name subscriptions, you can elect to pay on a monthly, quarterly, semiannual, or annual renewal schedule; each payment starts the service term for the service purchased for the interval you select. For domain name subscriptions, you can elect to pay for one, two, three, four, or five years.

Billing for Service: Hosting, dial-up, leased-servers, and co-location service is billed automatically at the expiration of the service term.

==> For non-credit-card accounts, an electronic invoice is sent to the e-mail address on record for the account twenty-five (25) day before the end of the service term. You may request that a paper invoice be sent by US Mail on or near the same date.

==> For credit card accounts, we automatically charge the card we have on record for the account five (5) days before the expiration of the current term. A notice of successful payment is sent by e-mail to the e-mail address on record for the account when we successfully bill for the new term.

Billing for Domain Name Subscriptions: We do not automatically renew domain names. We send reminder notices to the e-mail address listed with the domain name at 90 days, 60 day, 30 days, and 1 day before the domain name subscription expires.

Money-Back Guarantee: For some services we offer a money-back guarantee honored within 30 calendar days of starting a service term or renewing a service term; contact us for more information.

Currency: All payments are made in United States Dollars. Payment in other currencies will be rejected.

Payment Methods: Payment for any and all monies due may be made by check, credit or charge card (Visa, MasterCard, Discover, or American Express), or by PayPal. Cash may be tendered in person at our offices. Wire transfers are accepted only by pre-arrangement and with the receipt fee paid by the sender. Other payment arrangements acceptable to CMATHER.COM, Inc. may be arranged, along with an appropriate fee for special processing.

Late Payment: If credit card payments are not accepted by the credit card company, you may be charged up to $2. If a payment is made after the due date, you may be charged up to $2. If we have to disable your server (web site, dial-up access, server, or Internet connectivity) there may be a reinstatement fee of up to $5. Sites may be disabled or disconnected when payment is fifteen (15) calendar days overdue, unless you have made acceptable arrangements prior to that date.

Pricing: Set-up fees (Expert hosting plans, leased servers, and co-location service) and monthly recurring charges are described on our Web sites. Optional services and their associated set-up and monthly recurring fees are also described on the Web pages offering them. An account downgrade costs $15. Custom staff work is available for $65/hour on a time-available basis.

Acceptable Use Policy Violations: AUP violations are charged a clean-up fee of $65/hour, $250 minimum. There is a $35 fraud investigation charge for charge card fraud, and a $25 NSF check processing charge for returned checks. Charges are at CMATHER.COM, Inc.'s discretion, and forgiveness in one instance does not guarantee forgiveness in subsequent instances.

Fee Adjustments: We reserve the right to waive certain fees on a case-by-case basis. A waiver in one instance does not guarantee future waivers.

Communications by E-mail: For most matters, we communicate with you via e-mail. (Note to users of challenge/response mail systems such as Choice Mail: you need to white-list the domains "cmather.com" and "hostrack.com" as we cannot respond individually to the challenges generated by these mail systems.) For urgent matters, such as disconnection due to apparent spam abuse, we will use the telephone number(s) you provide to call before we take action. To avoid unnecessary service interruptions and the fees associated with such interruptions, notify us immediately of any changes in any of your contact information.

Limitations of Liability: The liability of CMATHER.COM, Inc. to you, the customer, or to any other person for direct, indirect, special, punitive, incidental, or consequential damages of any character that may raise from the use of our services by you or others, is limited to the amount payed by you, the customer, for the current term of service.

Security and Passwords
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The customer is responsible for all use of the customer's accounts and confidentiality of passwords, including choosing safe passwords and ensuring file protections are set correctly. CMATHER.COM, will suspend access or change access to customer's accounts immediately upon notification by customer that customer's password has been lost, stolen or otherwise compromised. CMATHER.COM is not liable for any usage and or changes to customers hosting account for lost or stolen passwords. For any reason the customer requires passwords again because they either forgot them or lost them. We will require one of the following to be done.

1. We can only send login and password to an email address listed on the original signup sheet or latest update-contact form

2. Supply the last eight digits -- eight digits only, please -- of the credit card we currently have on file to bill the account

3. Fax 2 forms of id that will match your current billing address, if you use a credit card for payment we will need a copy of it. People paying by check, we would need a copy of a check.

Credit/Charge Card Fraud and Charge backs
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CMATHER.COM, Inc. does not tolerate Internet credit card fraud. We assume you submit your orders in good faith. We therefore expect that if there is a problem or question about your order, or payment for your order, you will contact us first.

Charge card fraud is a crime. We expect charge card holders to deny a charge when he or she did not authorize a charge appearing on their bill - we do not expect a charge card holder to use the charge dispute process as an alternate way to close their account or show displeasure about support or services. The denial of a charge tells us that the charge was made fraudulently. We process fraud notifications using the following policy:

IDENTIFICATION: With every order submitted to us, we retain the date and time plus the IP (Internet protocol) address used by the person placing the order. This, plus our logs showing access, can uniquely identify the Internet customer's computer used to commit the fraudulent charge.

IMMEDIATE DISCONNECTION: Upon notification of a fraudulent charge, we will immediately disconnect or discontinue all services associated with the original order and order upgrades, and confiscate any and all equipment and data provided to use that is associated with the fraudulent order.

DENIAL OF FUTURE SERVICES: Fraudulent order information, including charge card information, will be added to our black-list database, to prevent further fraud. This information will also be shared with other service providers, credit reporting agencies, and law enforcement agencies.

INVOICE FOR FRAUD PROCESSING: The person found to have placed the order will be sent, via postal mail, an invoice for $35 for the fraud investigation and clean up. The person committing the fraud could then be subject to legal action: property liens, bank account liens, and garnishing of wages. Such actions will also be reported to credit reporting agencies.

If you are not satisfied with your purchase, or the service or support you are receiving, please contact us so we can resolve the problem. We have a good history of successfully resolving problems with our services and products. That address is also a good place to start when reporting fraud involving charges to CMATHER.COM.

Acceptable Use Policies
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CMATHER.COM, Inc. (AII) has the responsibility to provide each of our clients with the best services we can provide to the best of our ability and expertise. Our policies are designed to maximize the availability of all advertised services to our customers. Including you.

Hosting accounts that violate our Acceptable Use Policies may be deactivated, without prior notice and without warning. We don't allow:

* Inappropriate or Illegal Material: publishing or linking to pornography, obscenity, trademarks or copyrighted material without permission, virus and Trojan Horse software, "pirate", "hacker", "warez", and "P2P" file archives.

* Deceptive or Fraudulent Material: publishing or linking to faux Web pages designed to deceive the reader to take inappropriate action (as opposed to parody), forged From: or envelope source in e-mail.

* Display of Private Information: publishing or linking to financial information, Social Security Numbers, credit card numbers, bank account numbers, medical information, or other sensitive information about others.

* UBE ("spam"): sending unsolicited bulk e-mail, using UBE, even if not sent from CMATHER.COM, to advertise (spamvertise) your site, providing any service to spammers such as mailboxes or Web sites.

* Abusive Activities: Internet scans or monitoring of any kind, denials of service attacks, and any other activity designed to disrupt the enjoyment of the Internet by others.

* Internet Relay Chat: scripts, bots, "eggdrops", servers, or clients of any kind.

* Account or Domain Identity Fraud: deliberately providing inaccurate information for contacts, billing, or WHOIS registration information.

* Account Abuse: purchasing multiple accounts solely for the purpose of avoiding limits and charges for bandwidth, scripts that bypass our mail transport agents (MTAs) by using port 25/tcp.

* Excessive Activities: use of more than 15 percent of server resources (CPU, memory, disk accesses), overly complex SQL queries, overloading our mail server(s) with large amounts of mail, or the unapproved use of background-running scripts on shared-customer servers

* Excessive Bandwidth: use of more network bandwidth (sum of incoming and outgoing traffic) than is permitted by your hosting plan augmented by any excess-bandwidth purchase.

* Inappropriate Use: using more than 33 percent of traffic or disk usage for file storage and transfer on shared-customer servers without prior permission.

* Exploitable Server Scripts: any CGI script that can be hijacked for unintended purposes. The formmail.cgi and formmail.pl scripts are specifically prohibited, and are automatically disabled when found; we provide a secure formmail.php script for your use.

* Any other material, use, or activity that CMATHER.COM determines to be harmful to its on-site system and facilities, its operations, its network, or to other Internet users.

NOTE: If you are close to exhausting your bandwidth, additional bandwidth may be purchased at $3 per gigabyte for all but Expert hosting plans.

CMATHER.COM, Inc. (AII) shall be the sole arbiter as to what constitutes a violation of these provisions. At AII's sole discretion, AII may grant exceptions. You agree to indemnify and hold us harmless for any claim, lawsuit, or block-list publication that results from your publications, activities, or use of our services, and you further agree to reimburse all expenses incurred by CMATHER.COM because of your violations of our Terms of Service and Acceptable Use Policy. CMATHER.COM does not extend any warranty with regard to its service offerings; all products and services are offered on a "best-effort" basis. We are not required to give notice before deactivating your use of our services.

CMATHER.COM reserves the right to filter and block all incoming and outgoing e-mail by whatever technical means are available to us, including the use of "spam filters", blocking lists, and router ACL entries, to reduce the amount of UBE (spam) our customers see. CMATHER.COM reserves the right to remove any message-related mail file from any site storing mail on our servers.

CMATHER.COM reserves the right to filter and block any Internet protocol packets to and from our network, by any means, when in AII's opinion such packets cause harm to our network, equipment, customers, or other users of the Internet.

The computers operated by CMATHER.COM, Inc. are "protected computers" as defined in 18 USC 47 section 1030(e)(2)(B) and therefore subject to the protections provided in the "CAN-SPAM Act of 2003" passed by the United States Congress. All computers and network equipment operated by CMATHER.COM, Inc. have access to accounts, services, and equipment by customers and other parties controlled by limited-purpose user interfaces and/or by authentication procedures using name and password/pass phrase tokens. Access to all equipment and services is permitted only through these two access means. Access by means other than the limited-purpose user interfaces or authentication procedures is expressly forbidden, and illegal under United States Federal law (18 USC 47 sections 1030 and 1037).