Terms of Service 2018-05-22T09:21:11+00:00

TERMS OF SERVICE

Last updated July 19, 2013
Our Terms of Service should be read in conjunction with the Acceptable Use Policy

View Acceptable Use Policy
Arpastart agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Arpastart Service constitutes acceptance and agreement to Arpastart Acceptable Use Policy (AUP) as well as Arpastart TOS (Terms of Service). The AUP may be changed from time to time at the discretion of Arpastart. The subscriber will be notified by email of any changes to the AUP or the TOS.

DISCLOSURE TO LAW ENFORCEMENT

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Arpastart may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, Arpastart shall have the right to terminate all service set forth in this Agreement.

PAYMENTS AND FEES

Service will be interrupted on accounts that reach 5 days past due. Service interrupted for non-payment may be subject to a $10.00 reconnect charge (individual hosting accounts). Accounts not paid by due date may be subject to a $10.00 late fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. If a cancelled account is reinstated and requires a restore from backups, a $50 fee will apply.

FAILURE TO PAY

Arpastart may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges.

ACCOUNT TRANSFERS

Our team will make every effort to help you move your site to us.

ACCOUNT CANCELLATION

All requests for cancelling accounts must be emailed to accounts@arpastart.com.au. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Arpastart and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Arpastart shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Arpastart. Subscriber further acknowledges that Arpastart’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Arpastart be liable for any special or consequential damages, loss or injury.

SUPPORT BOUNDARIES

Arpastart provides technical support to our subscribers.

WHEN PROVIDING SUPPORT:

Arpastart provides support related to your server or virtual site’s physical functioning. Arpastart does not offer tech support for application specific issues such as CGI programming, html or any other such issue. Arpastart does not provide technical support for YOUR customers. If you can e-mail, we encourage you to e-mail support@arpastart.com.au for assistance.

RESPONSIBILITY FOR CONTENT

You, as an Arpastart customer, are solely responsible for the content stored on and served by your Arpastart server.

SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE)

Arpastart takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Arpastart may not use or permit others to use our network to transact in UCE. Customers of Arpastart may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violations of this policy will result in an immediate termination of your account.

SYSTEM AND NETWORK SECURITY

Users are prohibited from violating or attempting to violate the security of the Arpastart Network.

BACKUPS AND BACKUP ACCESS

Arpastart keeps overall system snapshots in case of full system recovery and may not be able to provide you with on-demand recovery in case of individual file corruption.

MISCELLANEOUS PROVISIONS

You must provide us with, and keep current, good email and telephone contact information for you. A waiver by Arpastart of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Arpastart takes no responsibility for any material input by others and not posted to the Arpastart Network by Arpastart. Arpastart is not responsible for the content of any other websites linked to the Arpastart Network; links are provided as Internet navigation tools only. Arpastart disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

DISCLAIMER OF WARRANTIES

SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATIBILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

COMPANY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL COMPANY BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION CONTAINED IN SUBSCRIBER’S WEBSITE OR OTHERWISE, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. COMPANY SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. COMPANY’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT. IN NO EVENT SHALL COMPANY’S LIABILITY TO SUBSCRIBER EXCEED THE COST OF ONE MONTH’S HOSTING FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. COMPANY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.