End User Agreement / Hosting Terms of Service

Customers may not sublease, sub host, or give away control of any portion of their Internet Hosting space and/or resources (including, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated in writing.

We reserve the right to request contact details of your current website developer / webmaster in relation to your hosting account. We reserve the right to know who is accessing our servers and maintaining files on our servers.

While Cyanweb Solutions endevours to provide the highest possible quality of service, the service subscriber agrees to indemnify and hold harmless Cyanweb Solutions Pty Ltd from any claims resulting in the use of Cyanweb managed hosting and email services.

The client understands that the hosting of Internet websites is of a technical and mechanical nature, and that the possibility of faults and disruption of service without warning is possible.

Content

All services provided by Cyanweb Solutions Pty Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal or State law, or any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The service subscriber agrees to indemnify and hold harmless Cyanweb Solutions Pty Ltd from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any Cyanweb Solutions Pty Ltd server. This includes sites that may imply 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 Cyanweb Solutions Pty Ltd servers or any other server on the internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links:
- Pirated software
- Bulk Email related products
- Pornography/Nudity/Adult Content
- Hacking/cracking related websites
- Warez and/or copyrighted software, music or video
- Illegal material or material that is against public policy
- Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

Cyanweb Solutions Pty Ltd will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for this reason without refund!

Copyright Violations

Cyanweb Solutions Pty Ltd will respond to all reports of infringement that are formatted in accordance with Australian Copyright LAws and any other applicable copyright laws. We will act in accordance with the law when handling infringement reports.

System Resource Usage

If we (Cyanweb Solutions Pty Ltd staff) determine that a customer's account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question. If we deem it necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to locate a new provider. This only occurs in extreme cases.

Cyanweb guarantees to provide the currently advertised, invoiced or contracted levels of disk space and data bandwidth usage to the client.

Cyanweb Solutions Pty Ltd will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Domain Parking Circumvention

Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required the appropriate account type must be used.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option.

Background Running Programs (bots/daemons/monitors)

Customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other customers on that server.

Backups

Cyanweb Solutions Pty Ltd's hosting accounts include a nightly backup service but these backups are for internal administrative purposes only, and are in no way guaranteed.

Customers are responsible for maintaining their own backups on their own personal computers. Cyanweb Solutions Pty Ltd does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly, even if the malfunction was due to negligence on Cyanweb Solutions Pty Ltd's part.

We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always keep a back up of your site whenever possible! We make no guarantees about the availability of backups.

If you require assistance in creating a backup of your website please contact us

Cron Jobs

We do allow Cron Jobs to be conducted by clients on our servers. We can however setup cron jobs for your account as a special request, and only if the cron job does not significantly impact on server performance. Please contact us with details to request a specific cron job setup.

IRC (Internet Relay Chat)

We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.

Shell Access

Shell access is not provided on hosting all accounts. Shell access is reserved for system administrators only.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a Cyanweb Solutions Pty Ltd server or using a return email address that is maintained on a Cyanweb Solutions Pty Ltd server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Cyanweb Solutions Pty Ltd's network is not only illegal under Australian Federal Laws, but also constitutes as a violation of this provision.

Cyanweb Solutions Pty Ltd will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will result in immediate termination of the account, and furthermore all evidence of SPAM activity will be forwarded to the appropriate authorities.

Any SPAM related to a hosted account will be turned over to the authorities for prosecution under the applicable anti-spam legislation.

Help us STOP SPAM! Please contact us immediately to report a violation of our SPAM policies. Don't delete the message - we will want to examine it.

Server Abuse

Any attempts to undermine or cause harm to a Cyanweb Solutions Pty Ltd server or customer of Cyanweb Solutions Pty Ltd is strictly prohibited.

Cyanweb Solutions Pty Ltd will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. Cyanweb Solutions Pty Ltd will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund at Cyanweb Solutions Pty Ltd's discretion). Any accounts and/or servers contained within Cyanweb Solutions Pty Ltd's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

Cyanweb Solutions Pty Ltd reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

By utilising any of our hosting services you agree to the above Terms of Service.